Western & Atlantic Railroad v. Dalton Marble Works
Supreme Court of Georgia
Certiorari. Before Judge Fite. Whitfield superior court. December 12, 1904.
1Opinion of the CourtSimmons, C. J.
A summons was issued by a justice of the peace in the name of the “Dalton Marble Works” against the Western and Atlantic Railroad Company. At the trial before the justice a motion was made to dismiss the case on the ground that it was not alleged that the “Dalton Marble Works was a corporation, nor, if it was a partnership, did it appear who were the partners composing the firm, nor was it the name of an individual.” To meet this objection plaintiff’s counsel amended by inserting, after “Dalton Marble Works,” the words “H. P. Colvard, proprietor,” to which amendment the defendant objected.…
2Cases cited9 opinions
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